BILL NUMBER: S9801
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the election law, in relation to allowing voters to take
photographs of themselves and their ballots while voting
 
PURPOSE:
This bill removes the prohibition against voters taking photographs of
their ballots at the polls.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Section 8-300 of the election law by adding a new
subdivision 4.
Section two amends Subdivisions 10 and 11 of section 17-130 of the
election law.
Section three sets forth the effective date.
 
JUSTIFICATION:
Social media has revolutionized the way that society does everything.
From Facebook and X to TikTok and Instagram, people of all ages regular-
ly utilize a number of social media platforms to promote a variety of
content. This is especially true during election season when voters
often take and post "ballot selfies" to their personal social media
accounts. Currently 14 states prohibit voters from taking photographs
of their ballots. New York's prohibition originated as a protection
against voter coercion, when employers frequently coerced their employ-
ees to vote for or against a particular candidate. This bill removes the
prohibition against ballot photographs, but it maintains the protection
against voter intimidation and coercion, which are punishable as misde-
meanors in New York State. The bill also specifies that voters are only
allowed to take photographs of themselves and their own ballots while in
the privacy of a voting booth.
Voting is singlehandedly the most important exercise in a free and demo-
cratic society. Across the United States, voter turnout is notoriously
low. Only 65.3% of all eligible voters nationally cast their ballot in
the 2024 presidential election. Turnout was slightly worse in New York,
with 60.4% voting for president in 2024.
Allowing New Yorkers to celebrate online the fact that they participated
in our democracy will ultimately help increase voter turnout and partic-
ipation across the State.
 
LEGISLATIVE HISTORY:
S.184 of 2025(Hoylman-Sigal): Died in Elections
S.661 of 2023-2024(Hoylman-Sigal): Died in Elections
S.0365 of 2021-2022(Hoylman-Sigal): Died in Elections
S.1105 of 2019-2020(Hoylman-Sigal): Died in Elections
S.5418 of 2017-2018(Hoylman-Sigal): Died in Elections
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9801: 8-300 election law